Since May 2006

Archive

News

New rule will increase regular child support payments to families

December 19, 2016

Today HHS’ Administration for Children and Families announced a new rule to make state child support enforcement programs more effective, flexible, and family-friendly.

The rule requires state child support agencies to increase their case investigative efforts to ensure that child support orders – the amount noncustodial parents are required to pay each month – reflect the parent’s ability to pay. Taking a more realistic approach to calculating child support payments, the rule requires states to consider a low-income noncustodial parent’s specific circumstances when the order is set, rather than taking a one-size-fits all approach. And the rule requires that states take the investigative steps necessary to ensure that all relevant information about the noncustodial parent’s circumstances are collected and verified.

The goal is to set realistic orders so that noncustodial parents pay regularly, rather than setting an unrealistically high order that results in higher rates of nonpayment. At the same time, states retain flexibility in the level of orders they set.

Rule Highlights

The new rule updates the child support program by amending existing policy in order to:

ensure child support obligations are based upon accurate information and the noncustodial parents’ ability to pay

increase consistent timely payments to families as well as the number of noncustodial parents supporting their children

strengthen procedural fairness

improve child support collection rates

reduce the accumulation of unpaid and uncollectible child support arrearages

incorporate evidence-based standards tested by states that support good customer service

increase program efficiency and simplify operational requirements, including standardizing and streamlining payment processing so employers are not unduly burdened

prohibit states from excluding incarceration from consideration as a substantial change in circumstances, require states to notify parents of their right to request a review and adjustment of their order if they will be incarcerated for more than six months, and ensure that child support orders for those who are incarcerated reflect the individuals’ circumstances while continuing to allow states significant flexibility in setting orders for incarcerated parents

require state child support agencies to make payments directly to a resident parent, legal guardian, or individual designated by the court in order to reign in aggressive and often inappropriate practices of third-party child support collection agencies

Quick Facts

The goal of the rule is to set realistic orders so that noncustodial parents pay regularly, rather than setting an unrealistically high order that results in higher rates of nonpayment.

The rule requires state child support agencies to increase their case investigative efforts to ensure that child support orders – the amount noncustodial parents are required to pay each month – reflect the parent’s ability to pay.

Quotes

“We know from research that when child support orders are set unrealistically high, noncustodial parents are less likely to pay. In fact, several studies say compliance declines when parents are ordered to pay above 15 to 20 percent of their income.”

— Mark Greenberg, HHS Assistant Secretary for Children and Families.

“By ensuring states set their orders based on actual circumstances in the family, we believe the rule will result in more reliable child support payments, and children will benefit.”

— Mark Greenberg, HHS Assistant Secretary for Children and Families.

“Our number one goal is to increase regular child support payments to families. Orders often go unpaid when they are set beyond the ability of unemployed and low-wage parents to pay them, resulting in large arrearages that themselves lead to less employment and support paid. The rule is intended to ensure that all families receive the support they need.”

“The Office of Child Support Enforcement has worked collaboratively with States for many years and together we have developed a strong evidence base about what works in child support. The new rule is grounded in that evidence and sound state practice.”

Additional information

DISCLAIMER: These domain is owned and operated by MilitaryWives.com, Incorporated, a privately owned and operated Washington state corporation. Our officers, our Board of Directors, our employees and our designated representatives retain the privilege and the right to control access, the right of editting, removing ANY and ALL content placed on this domain (and our sister sites), and the right of removing ANY and or ALL individual accounts that in our sole opinion are disruptive and detrimental to our overall stated purpose of providing support to the military spouse. None of the United States Armed Services (United States Marine Corps, United States Navy, United States Army, United States Air Force, United States Coast Guard) nor any other component of the Department of Defense has approved, endorsed, or authorized these products / services / activities.